The Factors Affecting Judicial Authentication on Maritime Oil Pollution and Relevant Sovling Measures
As a necessary proceeding to establish civil liability for oil pollution, the judicial authentication on oil pollution is crucial to the trial. This paper tries to put forward corresponding solutions to the existent problems of judicial authentication on oil pollution at sea. Firstly, the author introduces Chinese laws, as well as some essential requirements on judicial authentication. Secondly, the author focuses on the subjective and objective factors that have a great influence to the justice of authentication on oil pollution in detail, together with the unreasonableness of judicial authentication charges criterions. In the third part, the author tries to explore the controversy on the scope and methods of the authentication, bringing forward that the losses of mid-and-long-term natural fishery resources belong to environmental damage, whose judicial authentication may be based on the Specifications for Identification System of Spilled Oils on the Sea of China and the international common practice. Finally, difficulties are particularized for judges to identify the judicial authentication reports, suggesting constituting regulations on upgrading the competence of judicial authentication institutions and authenticators, authorizing highlevel judicial authentication institutions to reauthenticate and to deny the validity of low-level onesjudicial authentication reports, and establishing proper standards and limitation of authentication costs. To sum up, problems on judicial authentication on oil pollution should be solved in time in the interest of the marine environment.
Judicial Authentication on Oil Pollution at Sea Authentication Institution Authenticator Influence Factor
Sun Guang
Maritime Commercial Division, Dalian Maritime Court
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
287-297
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）